R v Hua [2013] NSWDC 115

R v Hua [2013] NSWDC 115

Given the very large amount of proceeds of crime, the seriousness of the offence, the offender's awareness of the possibility of wrongdoing and expected payment, but also his limited closed-period involvement, early guilty plea, personal circumstances and foreign-country custodial hardship, the appropriate sentence was imprisonment for 18 months backdated to 9 January 2013 with release on a self recognisance release order after 9 months.

Jurisdiction
Australia
Judgment Date
07 June 2013
Procedural Posture
Sentence / Sentencing After Early Guilty Plea
Outcome
Sentenced to imprisonment for 18 months and to be released on a recognisance release order after serving 9 months upon entering into a self recognisance of $100 to be of good behaviour.
Legal Topics
['dealing With the Proceeds of Crime' 'money Laundering' 'guilty Plea' 'recognisance Release Order']
['criminal Law' 'sentencing'] ['dealing With the Proceeds of Crime' 'money Laundering' 'guilty Plea' 'recognisance Release Order']

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Procedural Posture

Sentence / Sentencing After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for an offence against s 400.9(1) of the Commonwealth Criminal Code involving dealing with proceeds of crime of more than $3 million.' "How the offender's early guilty plea, limited involvement, prior imprisonment in Canada, family circumstances, and hardship of imprisonment in a foreign country should affect sentence."]

Ratio Decidendi

Given the very large amount of proceeds of crime, the seriousness of the offence, the offender's awareness of the possibility of wrongdoing and expected payment, but also his limited closed-period involvement, early guilty plea, personal circumstances and foreign-country custodial hardship, the appropriate sentence was imprisonment for 18 months backdated to 9 January 2013 with release on a self recognisance release order after 9 months.

Court Disposition

Sentenced to imprisonment for 18 months and to be released on a recognisance release order after serving 9 months upon entering into a self recognisance of $100 to be of good behaviour.

Orders

  • ['The offender is sentenced to imprisonment for 18 months to date from 9 January 2013.' 'The offender is to be released on a recognisance release order self in the sum of $100 after serving a period of imprisonment of 9 months.' 'The earliest date on which the offender will be released is 8 October 2013.' 'The...